Minority accuses Mahama of Constitutional violation over absence from Constitutional violation

The Minority Caucus in Parliament has condemned the absence of President John Dramani Mahama, Vice President Jane Naana Opoku-Agyemang and the Speaker of Parliament Rt. Hon. Alban S.K. Bagbin from the country at the same time.

According to the Caucus, this unprecedented absence is a “deliberate and egregious violation” of Ghana’s Constitution and leaves the country without a constitutionally mandated acting president.

In a statement signed by John Darko, MP for Suame and the Legal Counsel to the Minority Caucus. the absence of both the President and Vice President and the Speaker directly contravenes the 1992 Constitution of Ghana.

According to him, under Article 60, the Speaker is required to assume the role of Acting President in the absence of both the President and Vice President.

“The constitutional provisions on presidential succession are explicit: whenever both the President and the Vice President are absent, the Speaker must be sworn in to act as President,” he stressed and pointed to the landmark Supreme Court case Asare v. Attorney General, where the Court reaffirmed that no situation should exist where the nation is without a constitutionally designated acting head of state.

According to John Darko, the Speaker of Parliament left the country on May 8, 2025. While President Mahama was aware of the Speaker’s travel, as well as Vice President Jane Naana’s earlier departure for medical treatment, the Minority claims that the President proceeded with his own trip without ensuring the Speaker was sworn in as the Acting President, as mandated by law.

“Their conduct is not only unconstitutional, it is deliberate and calculated. This administration has consistently treated the Constitution as an inconvenience rather than a binding framework,” Hon. Darko said.

He accused the government of systematically undermining the Judiciary, suggesting that the weakening of judicial independence allowed such actions to go unchecked.

The Caucus slammed the administration for disregarding the rule of law, referring to the weakening of checks and balances within the system.

“Their continued attacks on the Judiciary and the Chief Justice, both overt and covert, have created a climate that undermines judicial independence and threatens the rule of law,” the statement added.

The Minority Caucus reminded the government of the importance of upholding the Constitution and its inherent power, citing former U.S. President Barack Obama’s words: “Our Constitution is a remarkable, beautiful gift. But it’s just a piece of parchment. It has no power on its own. We, the people, give it power with our participation, and the choices we make.”

John Darko warned that the administration’s disregard for constitutional procedures has set a dangerous precedent, potentially leaving the nation vulnerable to future constitutional crises.

Constitutional violationGhanaMinority